The Cultural Defense [Paperback]

In what ways and to what extent should cultural background be taken into consideration in response to legal problems? The first book-length study of the topic,The Cultural Defenseprovides a comprehensive overview of the debate surrounding the admissibility of cultural evidence in the courtroom. Documenting an extraordinary range of cases in which individuals have attempted to invoke a cultural defense, this book provides an in-depth look at the complexities of invoking cultural arguments in the diverse bodies of law under which the cases fall. Cases considered include homicide and rape prosecutions, child abuse cases, drug use cases, the treatment of animals, and custody battles. Disputing current practices, Renteln contends that the cultural defense should, in both criminal and civil matters, be given formal recognition.


Part I: Law and Culture
1. Introduction
2. Why Culture Matters for Justice
Part II: Cultural Conflicts in the Courtroom
3. Homicide
4. Children
5. Drugs
6. Animals
7. Marriage
8. Attire
9. The Dead
Part III: Toward a Principle of Maximum Accommodation
10. The Cultural Defense in Theory and Practice
11. The Right to Culture
Notes
Bibliography
Index

Sharp and comprehensive Renteln's work stands as an insightful and extraordinary productive inquiry into the relationship between US law and culturality. --Anthropological Quarterly

This book will be the definitive treatment of law's complex relation to culture for a long time to come. --Choice

The specific cases that the author summarizes and the bibliographic references makeThe Cultural Defensean extraordinarily valuable resource for further research into the role of courts in evaluating and using cultural evidence. --Perspectives on Politics

Alison Dundes Rentelnis Professor of Political SlÓ3